Legal Issue ( Page 13 )

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It’s time to wake up and figure out how GDPR affects you!

You’ve heard about the GDPR, right? As I’ve spoken with people (security people and “civilians”), I’ve found many who had no idea that the GDPR was a thing.  I know Americans tend to have a very US-centric view of the world, but the GDPR is critical for any business with a presence, customers, or clients in ...
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Recent Verdict Strengthens the Growing Need for Websites to Increase Accessibility to Disabled Individuals

A recent case in federal district court in Florida foreshadows the beginning of an expanded reach of Title III of the Americans with Disabilities Act (ADA). As a whole, the Act prohibits discrimination on the basis of disability. Recently, a growing number of lawsuits filed by the Department of Justice (DOJ) and private litigants threatening ...
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No Sexual Harassment, but Retaliation Claim Survives

Just as the adage is that “the coverup is worse than the crime,” we know that in employment law, “the retaliation claim is more dangerous than the underlying discrimination.” The latest example of this is in the recent decision of Austin v. Bloomin’ Brands, 2:16-CV-06509-TR (Aug. 30). MOSTLY HISPANIC KITCHEN STAFF Mark Austin began working ...
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Hurricanes Headaches: HR FAQs for Employers

Natural disasters are known for the wreckage and destruction they leave in their wake and the difficulty that follows with recovery. For employers, these difficulties can arise in the form of HR challenges. When employees are affected by disasters, questions about wages, hours, FLMA, benefits, and more can arise. The best way to navigate through ...
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Businesses Should Prepare For Predictive Scheduling Laws

Last month, Victoria’s Secret agreed to pay $12 million to settle a class action lawsuit in California brought by hourly employees that were denied pay as a result of the store’s use of on-call shift scheduling.  In that lawsuit, the employees relied on a California law requiring employees, who report for work on a scheduled ...
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Tips for Securing Insurance Recoveries for Losses From Hurricane Harvey

Hurricane Harvey tore up large areas of the Texas Gulf Coast with gale-force winds and storm surge, and then inundated vast areas, including Houston, with unprecedented amounts of rain.  Many businesses in those areas are still shut down and operations are only slowly being restored.  Moreover, refineries have been shut down which means that companies ...
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Cloud Control: Data Security Hazards and How to Avoid Them

Cloud computing, virtually nonexistent 15 years ago, is now verging on being the rule rather than the exception in the business world. According to the Gartner technology research firm, by 2019, more than 30 percent of the 100 largest vendors’ new software investments will have shifted from cloud-first to cloud-only, and by the year 2020, ...
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Where ‘Natural’ Takes on A Whole New Meaning

The term “natural” in the food and beverage industry has long been an effective selling point as U.S. consumers look to live healthier lifestyles. An issue, however, arises when the term is deployed to entice consumers, regardless of whether the product is in fact “natural” as an average person would understand the term. On that ...
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Inconsistent Performance Standards Dooms Defense Case

Over the years, a consistent theme of this column has been that employers need to hold all employees, regardless of protected characteristic, to the same standard in order to avoid even the appearance of discrimination. These are generally “employment words to live by.” Realistically, however, managers often hold more senior employees to a higher standard ...
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